Medical Malpractice 101

April 16th, 2011

If you suspect that you have been the victim of medical negligence or malpractice the only person who can help you determine whether or not you have a case would be a Chicago medical malpractice lawyer, not an article on the internet. There are a number of ways in which a doctor or surgeon could provide you with sub-par service that do not constitute malpractice, such as being rude or only offering you a brief consultation before moving on to the next patient. While these situations are definitely unfortunate they probably do not merit a malpractice lawsuit.

The reason why these situations, awful as they may be, are not considered negligent is because of the difficulty in proving malpractice. The key factor in determining whether you are facing a malpractice situation or not is error: did your doctor make a mistake, or were they just a shoddy doctor? You need to prove in court that you were severely harmed or effected, that this harm was directly caused by the actions or inaction of your doctor, and that the actions or lack of actions taken do not live up to the standard expectation of care from a medical provider. If you can prove those points then calling a Chicago medical malpractice lawyer is a no-brainer, but proving those points is never very easy. Part of the problem lies in proving causality, since there are many situations in which a patient was adversely affected by a treatment in a manner that could have possibly happened anyway, such as a severely obese patient that suffered a heart attack after deadly heart disease went undiagnosed. Even had the doctor diagnosed the heart failure ahead of time, the patient’s weight may very well have caused the heart attack anyway, thus making causality difficult to prove.

These factors should not discourage you; they should simply inform you of the stakes behind the game you are considering playing. Malpractice lawsuits are famous for awarding large amounts of money to cover medical expenses, lost wages, and pain and suffering. Yet, at the same time, they are equally notorious for being difficult to win. The higher the stakes, the harder the game.

Posted by admin

Comments are closed.